Bonum Certa Men Certa

It Certainly Looks Like Microsoft is Already Siccing Its Patent Trolls, Including Intellectual Ventures, on Companies That Use Linux (Until They Pay 'Protection' Money)

The patent strategy of Bill, Steve and Horacio seems to be alive and well even in their absence

Ballmer on patents
Full, 6-frame explanation of Microsoft's strategy



“People that use Red Hat, at least with respect to our intellectual property, in a sense have an obligation to compensate us.”

--Steve Ballmer



Summary: News about Intellectual Ventures and Finjan Holdings (Microsoft-funded patent trolls) reinforces our allegations -- not mere suspicions anymore -- that Microsoft would 'punish' companies that are not paying subscription fees (hosting) or royalties (patent tax) to Microsoft and are thus in some sense 'indebted' to Microsoft

THE analysis we presented here last month turns out to be very accurate. Our predictions didn't take long to materialise.



Let's start with some background. In spite of courts in the US limiting the patentability of software, the USPTO keeps granting these and failing to invalidate those already granted, unless someone petitions PTAB to look into particular patents. This means that, for the time being, even bogus patents continue to exist and they can be used for litigation. Challenging them, especially if they are used in bulk, can be very expensive (legal fees). Recently, some companies challenged Intellectual Ventures' claims against them and won. All of the software patents of Intellectual Ventures were found to be invalid. But at what cost? These cases had to be escalated all the way up to CAFC before that happened. How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?

"How many companies out there can afford justice and how rarely would that be an option cheaper than just settling?"Nowadays, a lot of small companies choose the so-called 'cloud' for hosting. There are numerous reasons for this and they don't typically receive legal protections or indemnification from the host. There have already been cases where companies got hit with a lawsuit (or more) for a bunch of virtual machines.

This new article by Richard Kemp, providing a good example of what we mean by cloudwashing of software patents (adding something like "on the cloud", in order to fool examiners into granting software patents, thinking these are novel and combined with a machine).

"Cloud software patent claims will likely increase as more users migrate to the cloud," it says in the summary, alluding in particular sections about trolls to this phenomenon. Here are the relevant parts:

As the public cloud services market continues to mature and grow – up from $178bn in 2015 to $209bn in 2016 according to research company Gartner - the concentration of computing resources into cloud data centres is increasingly attracting the attention of Non-Practising Entities (NPEs) as a target for patent litigation. At a time when data security and privacy risks are front of mind for cloud service providers (CSPs) and their users, the intellectual property (IP) risks to cloud service availability posed by NPE patent claims are rising up the business agenda.

NPEs are businesses that assert patents through litigation to achieve revenues from alleged infringers without practising or commercialising the technology covered by the patents they hold. NPEs are uniquely well placed to monetise their patents at each stage of the litigation cycle. They have access to capital and all necessary forensic and legal resources; and an NPE doesn’t practise its patents so is immune to a counterclaim that a defendant might otherwise be able to bring against a competitor, or a cross-licence that the defendant could otherwise offer.

[...]

From the CSP’s standpoint all this is bad enough, but software patent risks are further exacerbated by increasing use of open source software (OSS) in the cloud. OSS, long in the mainstream, now commonly powers cloud computing systems. OSS developments are created by communities of individual developers. With no single holder of software rights, patent infringement issues are unlikely to be top of mind, and if they are, developers will generally lack the resources to help them navigate the risks. Simply because they are open, OSS developments and communities are easier targets for NPEs than proprietary software as they don’t need to go to the same lengths to discover potential infringement. The softness of the target increases risk for CSPs using OSS and their users.

Cloud software patent risk is evident and growing, so it is perhaps surprising that it has figured so little in the register of perceived risks up to now, especially when data protection, privacy and information security figure so high. Yet an unsettled cloud software patent claim runs risks to cloud service availability that are arguably of the same order as information security risks. The reason why cloud computing IP risks have had little public airing so far is probably that, while implicitly acknowledged, they have yet to be thoroughly expressed and articulated. For example, in UK financial services, now one of the most heavily regulated sectors, cloud computing is treated as outsourcing and in its cloud guidance, the FCA (Financial Conduct Authority, the UK regulator) states that regulated firms should, amongst other things: “monitor concentration risk and consider what action it would take if the provider failed ….”



How does that relate to Microsoft? Now comes the key part. Microsoft is trying to turn Azure into its new cash cow and it is also trying to turn its patents into cash cows. It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model.

"It's now doing in the cars what it's planning to do in the 'cloud', namely demand payments for patents (where [GNU/]Linux is used), otherwise send a bunch of trolls to make a legal mess. The Mafia model."The other day we wrote about what Microsoft and its biggest troll (Intellectual Ventures) had been doing lately, having recently written about Microsoft marketing of "Azure IP Advantage" [1, 2, 3, 4, 5, 6, 7] -- eerily similar in many ways to the Microsoft-Novell patent deal.

It looks like Microsoft is already siccing its patent trolls on companies that don't pay 'protection' money, we noted, and now it looks like we have another new example, as covered yesterday by friends of Intellectual Ventures, IAM magazine. To quote the relevant bits:

The auto industry has been a hive of patent activity for several years. Manufacturers and suppliers are far more sophisticated players in terms of their own patenting, have become more assertive in fighting claims and are increasingly signing-up to defensive initiatives such as the LOT Network and Unified Patents. The emerging dynamics in the sector were on full display in two separate developments this week.

First up, on Monday, Intellectual Ventures filed seven lawsuits in Delaware against Toyota, Honda and BMW, and the suppliers Denso, Nidec, Aisin Seiki and Mitsuba. Each has been accused of infringing between one and five patents. IV has been attempting to license the auto sector for several years and in a significant boost to its efforts did a deal with Ford in 2015. Obviously not everyone in the industry has been as willing as Ford, hence this week's move.

[...]

On Wednesday Microsoft announced that it had agreed a new patent licensing deal with Toyota that includes broad coverage for connected car technologies. That deal, the software giant says, is the first in its new auto licensing programme; and so we can presumably expect some similar announcements in the coming months. The deal release was light on details, but the two companies have an existing IP relationship thanks to Microsoft’s recent Azure IP Advantage initiative, which Toyota was quick to sign up to. What will be interesting to follow is how any upcoming deals are structured given that Microsoft’s recent focus has been on using its IP as leverage in getting more of its products onto devices rather than as a driver of licensing dollars.

The Japanese car giant is clearly looking to ensure it has freedom to operate in a rapidly changing market. That strategy, so far, has not included signing a licence with IV — which Microsoft was an early investor in — but the Delaware lawsuit might bring things to a head.


The Microsoft-Toyota patent deal was mentioned here the other day. We later said that Microsoft is using software patents against GNU/Linux and relies on secrecy around what's covered (Android, file systems, etc.); for those who don't yet know, Toyota was historically close to Microsoft, but it recently defected to the Linux camp. Microsoft can't be too happy about that. Here are three items from the news:



That third one is particularly noteworthy as Daimler may be looking for some sort of protection though OIN -- a protection that will not come for reasons we explained some days ago. There's no redemption from trolls there, by OIN's own admission. OIN has in fact done nothing against Microsoft's latest patent manoeuvres against Linux. Nothing.

"Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage"."To clarify, Intellectual Ventures is not the only Microsoft-connected troll which is storming and suing companies that Microsoft dislikes, particularly Linux distributors (e.g. devices). There are a lot of Microsoft-armed and Microsoft-funded trolls out there (we've named many over the years). Last night in the news for example, we saw this patent troll which is connected to Microsoft (even financed by it) settling with Avast. Based on the wording, it's maybe a settlement or 'protection' money (they don't say), but the text does say "Finjan remains, in various capacities, involved in patent-associated cases against FireEye, Sophos, Symantec, Palo Alto Networks, Blue Coat Systems, ESET (and affiliates) and Cisco Systems."

Finjan is a troll (as last mentioned earlier this year) and it seems to be going after every security company out there, equipped with nothing but software patents which we looked at closely in the past. Our prediction is that in various fields, be it security, car navigation, or anything "on a cloud" Microsoft will send trolls to wreak havoc unless/until the victims join some Microsoft 'protection' scheme such as "Azure IP Advantage".

Recent Techrights' Posts

X.Org is Still Not Dead
Oracle still developing it
Microsoft is getting ready to cause many employees to resign
Having already laid off many workers earlier this month, it now tries another approach
"Maybe the Problem is You"
they probably felt like they had no choice because they really needed this Microsoft money
GNU OS, Powered by Hurd
Choice is good, as long as choices exist that respect the users' freedom
 
Gemini Links 15/08/2025: Leasehold, Slop Bubble, and Xobaqu
Links for the day
Links 15/08/2025: Flight Attendant Strike, Floods, and Tropical Storms
Links for the day
Links 15/08/2025: German Government Falls Short on Free Software, Russians Breach EU Systems
Links for the day
Microsoft is Still Losing Cyprus
The market share goes down, so share prices go up
Microsoft Accenture is in Trouble
For one thing, its debt doubled in a matter of months
News Will Slow Down and Slop Will Contribute to the Slowdown
In recent years every time there was some holiday or major break the number people who "came back" shrank
Upgrading IRC Network of Techrights
a new version of the daemon we've used since 2021 was released very recently
"Register Debate Series" About Microsoft in the UK is Controlled by Microsoft (US)
The Register is run by Microsoft "Analysts", so the debate is doomed from the get-go
IBM is a Terrible Model for Red Hat
"Most likely caused by laying off too many people"
Microsoft Problems in Palestinian Territory and Israel
Microsoft stock (share price) goes up when market share goes down
Slave is Not a Bad Word, We Need to Use It Sometimes
Who does such exclusion of words benefit? What sort of expression will be deemed impermissible and subjected to CoC enforcement?
National Day of Action
"This Friday, August 15th, there is an organized, petition-based, protest of Wells Fargo in major cities across the US," Richard Stallman wrote
Our Gemini Editions Now Contain 100,000+ GemText Pages
Our Gemini Editions aren't small, even if Gemini Protocol is still the 'underdog'
The Relations Between the United States and Europe Deteriorate, Should Europe Continue to Rely on American Tech Giants?
The shallow notion that made-in-USA software is fairly safe for Europe to rely to is coming to a standstill
Techrights and Tux Machines Running as Usual During Vacations
No interruptions, maybe temporarily slowdowns
Gemini Links 15/08/2025: ADHD and "Random Weird Things"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 14, 2025
IRC logs for Thursday, August 14, 2025
"Article 52. PATENTABLE INVENTIONS" in the European Patent Convention
Some time tomorrow we'll have a complete local copy of the EPC
Serial Slopper (SS) Still at It, Still Misusing Plagiarism Tools and Cheatware for Images and Text About "Linux"
All the slopfarms are a very big problem
Reddit Deletes Stuff, But Not for Being False or Misleading
Yet another one of those articles that speak of a man in his 50s as if he's terminally ill
Times of India and India.com Are Clickbait and LLM Slop
Google continues to reward bad actors
The More "Market Share" Microsoft Loses, The Higher the Shares Go
People joke about the same sort of thing in relation to IBM
To OIN, Software Patents Are Not a Problem
Had software patents ceased to exist, OIN too would cease to exist and its staff would be unemployed.
Microsoft's Bankruptcy in Russia is Only the Beginning
Due to politics it mostly makes sense that Windows is being phased out, also in part due to policy changes
Microsoft-Funded Publishers Lied to Us About Vista 10 and Now Advocate Us Owning Nothing
They want you to own nothing, but they also want you to buy a PC on which to become Microsoft's slave and they make it harder if not practically impossible to remove Windows
Articles Promoting and Celebrating Wayland Are LLM Slop
New example (100% slop)
European Patent Office (EPO) Reformation Project
It's a stain on the EU's reputation
The Register MS, Dominated by American Editors, Says UK Should be Run (Digitally) by Microsoft US
The Register MS is sponsored by American money, run by Americans, and its chief editor is a Microsofter from the US
Slopwatch: Google News and Other Slopfarms
Google News is rewarding sites that misuse LLMs and cheat the Web
Gemini Links 14/08/2025: Drought, Climate Experiments, and LLM Slop Considered Detrimental
Links for the day
Links 14/08/2025: Second-hand ThinkPad and Enhanced Surveillance on Chipsets from the United States
Links for the day
Moral Standards From the Masters of Linux
They get hung up on minor language issue and promote this crazy theory that racism will go away if only everyone spoke a little differently (no matter where he or she came from)
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025